Introduction. There is substantial evidence that patients with delusions exhibit a reasoning bias—known as the “jumping to conclusions” bias—which leads them to accept hypotheses as correct on the basis of less evidence than controls. We address three questions concerning the JTC bias that require clarification. Firstly, what is the best measure of the JTC bias? Second, is the JTC bias correlated specifically with delusions, or only with the symptomatology of schizophrenia? And third, is the bias enhanced by emotionally salient material? (...) Methods. To address these questions, we conducted a series of meta-analyses of studies that used the Beads task to compare the probabilistic reasoning styles of individuals with and without delusions. Results. We found that only one of four measures of the JTC bias—“draws to decision”—reached significance. The JTC bias exhibited by delusional subjects—as measured by draws to decision—did not appear to be solely an epiphenomenal effect of schizophrenic symptomatology, and was not amplified by emotionally salient material. Conclusions. A tendency to gather less evidence in the Beads task is reliably associated with the presence of delusional symptomatology. In contrast, certainty on the task, and responses to contradictory evidence, do not discriminate well between those with and without delusions. The implications for the underlying basis of the JTC bias, and its role in the formation and maintenance of delusions, are discussed. (shrink)

The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.

Byrne & Russon's proposal that stimulus enhancement, emulation, and response facilitation should be lumped together as priming effects conceals important questions about nonimitative social learning, fails to forge a useful link between the social learning and cognitive psychological literatures, and leaves unexplained the most interesting feature of phenomena ascribed to.

The _Analects_ is a compendium of the sayings of Confucius (551-479 b.c.e.), transcribed and passed down by his disciples. How it came to be transformed by Zhu Xi (1130-1200) into one of the most philosophically significant texts in the Confucian tradition is the subject of this book. Scholarly attention in China had long been devoted to the _Analects._ By the time of Zhu Xi, a rich history of commentary had grown up around it. But Zhu, claiming that the _Analects_ was (...) one of the authoritative texts in the canon and should be read before all others, gave it a still more privileged status in the tradition. He spent decades preparing an extended interlinear commentary on it. Sustained by a newer, more elaborate language of metaphysics, Zhu's commentary on the _Analects_ marked a significant shift in the philosophical orientation of Confucianism--a shift that redefined the Confucian tradition for the next eight centuries, not only in China, but in Japan and Korea well. Gardner's translations and analysis of Zhu Xi's commentary on the _Analects_ show one of China's great thinkers in an interesting and complex act of philosophical negotiation. Through an interlinear, line-by-line "dialogue" with Confucius, Zhu effected a reconciliation of the teachings of the Master, commentary by later exegetes, and contemporary philosophical concerns of Song-dynasty scholars. By comparing Zhu's reading of the _Analects_ with the earlier standard reading by He Yan (190-249), Gardner illuminates what is dramatically new in Zhu Xi's interpretation of the _Analects._ A pioneering study of Zhu Xi's reading of the _Analects,_ this book demonstrates how commentary is both informed by a text and informs future readings, and highlights the importance of interlinear commentary as a genre in Chinese philosophy. (shrink)

The present study examined whether strategy moderated the relationship between visuospatial perspective-taking and empathy. Participants undertook both a perspective-taking task requiring speeded spatial judgements made from the perspective of an observed figure and the Empathy Quotient questionnaire, a measure of trait empathy. Perspective-taking performance was found to be related to empathy in that more empathic individuals showed facilitated performance particularly for figures sharing their own spatial orientation. This relationship was restricted to participants that reported perspective-taking by mentally transforming their spatial (...) orientation to align with that of the figure; it was absent in those adopting an alternative strategy of transposing left and right whenever confronted with a front-view figure. Our finding that strategy moderates the relationship between empathy and visuospatial perspective-taking enables a reconciliation of the apparently inconclusive findings of previous studies and provides evidence for functionally dissociable empathic and non-empathic routes to visuospatial perspective-taking. (shrink)

We investigated the interface between biomedia and humans by inviting participants to interact with biometric devices that measured and visualized their body data. At first, they struggled with the alienating and disembodying nature of the devices and the constrained, reductionist representation of data. Through their bodily interactions with these devices, however, participants reframed the data and inserted their bodies into the process of data collection. Drawing on the ideas of Bergson, Grosz, Merleau-Ponty and Bachelard, we argue that by working with (...) their subjectivity in a mediated process of becoming, participants ‘filled in the intervals’ of the visual representations of their bodies to interpret them in ways that marked the duration and meaning of their selves. We conclude that even when presented with artificial representations, individuals convert the representation of the data into narratives inspired by their embodied experience, and the ‘virtual’ pasts of their own lives. (shrink)

This paper tackles three common misconceptions about responsibility. The first misconception is that it is against our interests to be responsible for our actions. The second is that our responsibility for our actions is fixed at the time when we act. The third is that we can only be responsible to someone in particular, not responsible full stop. The three misconceptions turn out to be related, and disabusing ourselves of them helps us to rediscover the most fundamental point of the (...) courtroom trial. (shrink)

The use of evidence to resolve uncertainties is key to many endeavours, most conspicuously science and law. Despite this, the logic of uncertainty is seldom taught explicitly, and often seems misunderstood. Traditional educational practice even fails to encourage students to identify uncertainty when they express knowledge, though mark schemes that reward the identification of reliable and uncertain responses have long been shown to encourage more insightful understanding. In our information-rich society the ability to identify uncertainty is often more important (...) than the possession of knowledge itself. In both science and law there are fundamentally different kinds of uncertainty at issue. There is uncertainty whether a particular hypothesis is correct, and there is uncertainty about observable data that may be generated if a particular hypothesis is correct. Both are expressed in terms of probabilities. Each has its own domain of application and its own logic, but the inter-relationship is complex and sometimes misunderstood. Hypothesis probabilities are always open to error through possible failure to take account of realistic alternatives, while the proper inferences that can be drawn from data probabilities (often in the context of significance testing) are quite limited and easily over-interpreted. When considering these two kinds of probability in a court of law it is possible to interpret the phrase 'reasonable doubt' in different ways. It can be seen as addressing data uncertainty: whether such incriminating evidence might with reasonable probability arise to confront an innocent person. Or (the more conventional view) it can be seen as some sort of threshold level on the probability that the defendant is guilty (a hypothesis probability). Each typically involves elements of subjective judgement, but fewer issues and uncertainties arise when considering the data probability and it is argued that this is often the more critical and proper issue for a jury to address. This has particular repercussions for cases involving identification of a suspect through trawl of a DNA or other database. (shrink)

The liberal conception of the state is marked by an insistence upon the equal civil and political rights of each inhabitant. Recently, though, a number of writers have argued that this emphasis on uniform rights ignores the fact that the populations of most states are culturally diverse, and that their inhabitants have significant interests qua members of particular cultures. They argue that liberals should recognize special, group-based cultural rights as a necessary part of a theory of justice in multicultural societies. (...) In this thesis I examine the idea of special cultural rights. In the first part, I begin by setting out some of the different conceptions of culture and multiculturalism that are involved in the debate over cultural rights. I then discuss three claims made by supporters of special cultural rights: that having culture is an essential part of individual autonomy; that people have morally significant interests qua members of particular cultures; and that these interests are inadequately protected by existing liberal conceptions of human rights. Although I conclude that is correct, I argue that both and are mistaken. Among other things, I suggest that the version of culture relied upon by supporters of special cultural rights is an implausible one and I outline what I take to be a more plausible, cosmopolitan conception of culture. In the second part, I begin by looking at specific instances of cultural rights-claims, and analyzing the concept of cultural rights qua rights. I consider the practical and conceptual difficulties with special cultural rights at great length. But the core of my thesis is that our interest in culture lies in its contribution of worthwhile goals and options, and that this interest lies in culture generally rather than in particular cultures. Hence, adopting a special or group-based distribution of any right to culture would seem to be inconsistent with liberal egalitarian principles. If there are such things as cultural rights, I argue, they are general rather than special rights. I conclude by offering a very preliminary account of what a cosmopolitan conception of cultural rights might involve in the case of the right to free association and language rights. (shrink)

This volume contains eleven previously published essays on criminal law together with a new "Reply to Critics" by the Professor of Jurisprudence at Oxford, John Gardner. The principal themes of the essays, covering offences, defences, and punishment, are summarized in this review, which also highlights areas of controversy and various lines of criticism.

Professor John Gardner says on the jacket, “these essays – without exception insightful and penetrating – set a high standard for the rest of us to aspire to.” This collection of 15 essays by 16 Canadian authors originated in a conference at Osgoode Hall Law School, York University. The majority of contributors are based in southern Ontario . Two are from western Canada , two from the UK and one from the US . The essays are arranged in three (...) parts, the first being subdivided according to subject matter. It is a good thing for criminal law theorists to interest themselves in all facets of the subject. On the other hand, some will be deterred by the presence of essays on topics outside their specialty. It must be said that it is a well-produced book, even containing a subject index. I hope this book has wide circulation. (shrink)

A sample of students from a private, multicampus, midsize university completed 2 copies of Gardner and Melvin's (1988) Attitudes Toward Cheating Scale a semester before the implementation of a modified honor code. The authors instructed students to complete 1 copy of the scale according to their own opinions and the other copy according to what they thought would be the opinion of a "typical college professor." During the following semester when the honor code went into effect, the authors recruited (...) a second sample of 1st-year students and asked them to complete the 2 scales in the same manner. Although both samples of students reported attitudes toward cheating that were significantly more tolerant than the attitudes they ascribed to professors, scores were virtually identical for both samples. The authors speculate that variables associated with how the honor code was implemented, together with certain demographic characteristics of the institution, mediated the results obtained. (shrink)

A Teacher's Manual for this book will be available online at www.temple.edu/tempress.

A noted author defends his personal attitudes toward the fundamental issues of classical philosophy, discussing the awesome mystery surrounding science and life and explaining why he considers himself a theist.

Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

This chapter defends a deontological approach to both the non-identity problem and what is referred to as the “inconsequentiality problem.” Both problems arise in cases where, although the actions of presently living people appear to have harmful consequences for future people, it is difficult to explain why there are moral reasons against such actions. The deontological response to both problems appeals to a distinction between causal and non-causal consequences. By acknowledging the moral importance of such a distinction, deontologists can vindicate (...) the judgment that, collectively and individually, we have harm-based reasons against bringing about bad consequences for future people. (shrink)

This article seeks to trace the origins of the requirement that a squatter must have an intention to possess (animus possidendi) in order to establish title by adverse possession. The requirement has been confirmed by the House of Lords in the recent case of Pye (Oxford) Ltd v Graham [2003] 1 AC 419. Its origins can readily be traced back to the decision of the Court of Appeal in Littledale v Liverpool College [1900] 1 Ch 19, but there is little (...) evidence of any need for intention before that case, and no convincing authority is cited for it. Possible explanations for the source of this requirement are considered by the article (for instance cases on re-entry by landlords and the so-called ‘found chattel’ cases), but these are ultimately rejected. The article goes on to suggest that the reason for this is that the intention requirement was ‘imported’ into English law from German Pandectist writers of the nineteenth century. It suggests that Littledale was the case in which this happened. It seeks to support this hypothesis by reference to biographical details of Lindley MR, who gave the leading judgment in Littledale, and who not only trained in part in Germany but also took an active interest in German scholarship of the time. A brief survey of the relevant German sources is undertaken, focusing primarily on the work of Savigny, but also considering the rival theory of Jhering. Finally, it tracks the development and refinement of the content of animus possidendi, first by 19th century legal scholars and then by 20th century judges, to make it ‘fit’ with English property law. It seeks to address the question of whether the animus possidendi requirement is a free-standing element (the ‘strong’ will theory), or whether it is simply implied from the acts of the squatter (the ‘weak’ will theory), and suggests a solution by reference to the German sources and later English cases. Finally, it considers how the House of Lords decision in Pye reflects the logical culmination of the acceptance of this ‘legal transplant’ into the common law. (shrink)

Prologue, invitation to thinking about God In the Hebrew Bible? -- Part I, questions about God? -- Why does God in the Bible have a body? -- What do God's body parts in the Bible mean? -- Why is God angry in the Bible? -- Does God in the Bible have gender or sexuality? -- Part II, questions about God in the world? -- What can creation tell us about God? -- Who-or what-is the Satan? -- Why do people suffer (...) according to the Hebrew Bible? -- Epilogue, God in the Bible and beyond. (shrink)

Hume's Reception in Early America: Expanded Edition brings together the original American responses to one of Britain's greatest men of letters, David Hume. Now available as a single volume paperback, this new edition includes updated further readings suggestions and dozens of additional primary sources gathered together in a completely new concluding section. From complete pamphlets and booklets, to poems, reviews, and letters, to extracts from newspapers, religious magazines and literary and political journals, this book's contents come from a wide variety (...) of sources published in colonial America and the early United States between 1758 and 1850. As well as classics by Thomas Jefferson, John Adams and Alexander Hamilton, it contains scores of unknown and hard-to-locate items, many of which have not been reprinted since their original publication. These responses are divided into four parts covering Hume's Essays; his Philosophical Writings; his History of England; and his Character and Death. Each of those parts has a separate introductory essay, and every selection is introduced by a short headnote that sets the piece in its historical context and provides bibliographical references. Packed with new insights into Hume and American thought and culture, Hume's Reception in Early America reveals the relevance and impact of Hume on American political, philosophical, historical, religious, and aesthetic debates. (shrink)

This paper considers some aspects of the morality of complicity, understood as participation in the wrongs of another. The central question is whether there is some way of participating in the wrongs of another other than by making a causal contribution to them. I suggest that there is not. In defending this view I encounter, and resist, the claim that it undermines the distinction between principals and accomplices. I argue that this distinction is embedded in the structure of rational agency.

This paper offers a new way to make sense of disagreement expansion from a polylogical perspective by incorporating various places in addition to players and positions into the analysis. The concepts build on prior implicit ideas about disagreement space by suggesting how to more fully account for argumentative context, and its construction, in large-scale complex controversies. As a basis for our polylogical analysis, we use a New York Times news story reporting on an oil train explosion—a significant point in the (...) broader controversy over producing oil and gas via hydraulic fracturing. (shrink)

A specific issue for argumentation theory is whether information and communication technologies play any role in governing argument — that is, as parties engage in practical activities across space and time via ICTs, does technology matter for the interplay of argumentative content and process in managing disagreement? The case made here is that technologies do matter because they are not merely conduits of communication but have a role in the pragmatics of communication and argumentation. In particular, ICTs should be recognized (...) as communication-information services that are delegated degrees of responsibility for managing disagreements arising from practical activities. These services are organized around practical theories for designing disagreement space. However, recognizing this relationship between argument and technology requires accounting for procedures, techniques, or rules and speech acts that are not argumentative propositions in any strict sense but that are consequential for what becomes argumentation in any setting. An account about designing disagreement space, grounded in Jackson and Jacobs’s theory of Disagreement Management, is put forward to address these issues while more generally contributing to understanding argument in context. (shrink)

It is time to bring the rich resources of these traditions into the contemporary debate about the nature of self. This volume is the first of its kind.

Prominent consumer depression manuals issued in recent years circulate a standard depression script as scientific knowledge. The script, asserting that a broad spectrum of depressions are brain illnesses that require antidepressant treatment, is in fact highly contested among researchers. This paper reviews the logical problematics of these manuals, and how such discourse promotes the diagnosis and pharmaceutical treatment of behaviors ranging from mild symptoms to severe depression. In keeping with the trends of pharmaceutical advertising and State health policy, these manuals (...) encourage consumers to self-scrutinize risky behavior, and to treat common behavioral and mood distresses with antidepressants. Ultimately, these activities of self-management function to produce a more productive citizen population. (shrink)

Since the 1960s, many artists have incorporated ecological concerns into their work, an endeavor that has required new strategies in art-making. To explore recent American manifestations of these interests, the David and Alfred Smart Museum commissioned new projects from artists Mark Dion, Peter Fend, and Dan Peterman, each focusing on interrelationships between particular organisms—human beings-and a specific group of sites—a museum building, a river landscape, and a university campus. The results, exhibited at the Smart Museum during the summer of (...) 2000, evoke the varied scales, from the microscopic to the global, at which human actions affect the environment. This catalog documents each of the artists' projects through an array of images and words: Smart Museum Associate Curator Stephanie Smith provides an introduction and brief overviews of the three projects, each of the artists contribute statements, and photographers Susan Anderson and Tom van Eynde document—in over 100 images—the processes and projects that comprise the exhibition. (shrink)

First published in 1999. Routledge is an imprint of Taylor & Francis, an informa company.

Fitting Attitudes accounts of value analogize or equate being good with being desirable, on the premise that ‘desirable’ means not, ‘able to be desired’, as Mill has been accused of mistakenly assuming, but ‘ought to be desired’, or something similar. The appeal of this idea is visible in the critical reaction to Mill, which generally goes along with his equation of ‘good’ with ‘desirable’ and only balks at the second step, and it crosses broad boundaries in terms of philosophers’ other (...) commitments. For example, Fitting Attitudes accounts play a central role both in T.M. Scanlon’s [1998] case against teleology, and in Michael Smith [2003], [unpublished] and Doug Portmore’s [2007] cases for it. And of course they have a long and distinguished history. (shrink)

Current philosophical literature is saturated with the debate on biomedical enhancement, where bio-liberals and conservatives alike make compelling arguments for and against the enterprise. However, this literature is yet to consider the impact such enhancement would have on the individual’s actual lived experience. This article seeks to remedy that by situating the bioethics debate within the phenomenology of Maurice Merleau-Ponty, specifically theorising how biomedical enhancement of the physical kind would impact Merleau-Ponty’s notion of the body-subject. The central issue arises when (...) the reciprocal relationship between the physical body and phenomenal world (termed “body/world dynamic”) is shown to be off-balance because of the rapid rate at which human beings continue to “enhance” their environment. In this, we see that the development of the world has outweighed that of the body to the extent that we, as body-subjects, have become maladapted to the place we call home. This article will suggest that we can attempt to resolve this by restoring the balance of the body/world dynamic with “restrictive” enhancement, thereby providing an ethical justification for the pursuit of the enterprise. (shrink)